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06-02-2014 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING June 2 , 2014 6: 00 P.M. COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Present Mayor Michael L. Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Aaron Wolfe Absent None 2. APPROVAL OF MINUTES - NONE AT THIS TIME 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS City Clerk Bonnie Wenzel discussed the Edgewater Deputy City Clerk position vacancy and had (3) three of the first round applicants introduce themselves to the Council. Fire Chief Cousins made a presentation on Edgewater' s plans to celebrate the 4th of July. He discussed the agenda for the celebration, road and ramp closures, use of social media to advertise the event, and the celebration' s closing Fireworks display, which usually starts around 9: 00 p.m. a. The Edgewater Expo, Inc. Board of Directors to present a $500 grant to Trey Harshaw & Associates. Edgewater Expo President Steve Holmes congratulated the Council and City of Edgewater for being listed as the number one city on the Volusia County Property Appraisers list for having the highest property value increase in Volusia County (13 percent) . The City Council, Mr. Holmes, and board members from Edgewater Expo, Inc. presented a $500 grant to Trey Harshaw & Associates. The business was randomly selected from businesses who participated in the Business Expo in March. The money is a grant to be used for either advertising or employee training. 9 Council Regular Meeting June 2, 2014 4 . CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have . Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less . 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Thomas removed Consent Agenda Item 7 . D. 6. CITY COUNCIL REPORTS Councilwoman Powers reported she attended the Economic Development Board meeting and their budget meeting the following week, it was very exciting to see what was going on with the Board, stated that there are a lot of things going on in Edgewater and that she is proud to be part of it. She also handed out four (4) $1, 250 checks to (4) very deserving seniors from Edgewater who attend New Smyrna Beach High School. Councilwoman Bennington reported that CAPS are getting ready to support Edgewater' s July 4th celebration, CAPS is in the process of converting an SUV from the DARE department into a CAP vehicle, CAPS is in the planning phase for the Halloween Fall Festival, and that she will be providing regular fall festival reports to the Council. Councilman Ignasiak reported attending the monthly YMCA board meeting, the YMCA expansion construction date is delayed by a month due to negotiations, attended the Crystal Apple awards event, which he feels is one of the areas most memorable and pleasurable events, in attendance were teachers selected by their peers as the best in teaching, out of those teachers selected, three (3) of the top four (4) Crystal Apple award recipients came from the City of Edgewater, and the top teacher award recipient was Michelle Lindsey coming from Edgewater Public School. He is amazed by the quality of teachers who work in Edgewater, they are dedicated to their students, they certainly do not do it for the money, they teach because they love what they are doing and like working with kids. He attended the Veterans Day Memorial Service at the Edgewater Cemetery, the event was well attended, the organizers followed suggestions from previous years and condensed the agenda, everything went well and it was a great time for the City. Councilman Emter reported meeting with County Councilwoman Deborah Denys concerning Edgewater' s ongoing effort to talk with all Volusia County Council members concerning the Edgewater CRA, it was a very frank and open discussion, and truly one of the more positive discussions up to this point. He was very pleased with the acceptance 9 Council Regular Meeting June 2, 2014 Mrs. Denys had about the CRA and of her appreciation for the work that has gone into it. He also attend the Crystal Apple awards event and two (2) of the nominated teachers independently told him that the award is commonly accepted as being more important than the Teacher of the Year (TY) award, and that it means more to them than the TY award, which is a tremendous accolade to the Southeast Volusia Chamber who has run the program over the past twenty some odd years. On May 22 he attended the Volusia League of Cities dinner held in Port Orange where they honored over thirty staff and citizens for their volunteer work over the past year, which is also a very neat program. On Memorial Day he attended the services at Edgewater Landing, they honored all of the armed services and 160 veterans who had lived or are currently living in Edgewater Landing. The guest of honor was a gentleman who frequently attends Edgewater Council meetings, Mike Visconti, he gave an excellent speech reviewing his experiences in WWI both stateside and abroad as a crewmember of a B-24. The following day he attended the Team Volusia Economic Development Committee (TVEDC) board meeting where they reviewed their monthly activities identifying several contacts that they are attempting to bring to Volusia County. Following the meeting he had the opportunity to meet with TVEDC Executive Director Keith Norden and asked him how Edgewater can better prepare itself for economic development. Mr. Norden was kind enough to share some things with him, and he came back and passed the information on to City Manager Barlow. On May 28 he attended the River to Sea TPO meeting and the big discussion there was FDOT, in building additional lanes on I4 in Volusia County from Lake Monroe North, FDOT is using up what was originally established as a rail lane, which the TPO and Volusia County objected to at the last meeting, so they brought DOT in to make a presentation. Basically they said "yes" they are going to use some of the median, but not enough to preclude rail from being put in. Councilman Emter asked DOT if there is a rail lane in the median in Orlando or Seminole Counties and DOT said "no" . So if a rail goes in from Volusia County to Daytona Beach, there is nothing back to the West. Mayor Thomas reported he attended the Volusia Council of Government (VCOG) meeting, cities are concerned about and preparing for the legalization of marijuana, and asked about Edgewater' s current staff preparation. City Manager Barlow replied that staff has not done anything formally, he has been watching what other cities have done thus far, has started collecting some of their discussions regarding zoning, and at this point staff is monitoring it. Mayor Thomas stated that one of the other VCOG topics was the homeless shelter project, and the study is still ongoing. He discussed launching his boat over Memorial Day weekend at 7: 00 a.m. each day and that the parking lot at Kennedy Park was completely full both Saturday and Sunday mornings, however, he did notice police presence. When he was coming back up the river he was very pleased to see police Sergeant Tarr walking the Menard Park area. Sergeant Tarr was out in the heat in uniform and vest patrolling, and the Mayor was very impressed. On Tuesday cS Council Regular Meeting June 2, 2014 following the Memorial Day weekend he launched at Haulover Canal, he has been fishing in that area since 1987 and he was so impressed with the water quality, the water was so clear, even all the way up to parking lot #5 in Canaveral Seashore Park, and the water was clear down to six (6) or seven (7) feet. He is not sure if more people are watching where their runoff is going or if visibility will decrease as the season goes on but that is the clearest he has seen the water since 1987 . He is also very impressed and pleased with Edgewater resident's efforts to maintain and beautify their property and homes, and the Council also gave kudos to Code Enforcement. 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. Renewal of the Agreement with O'Brien' s Response Management, LLC to provide Emergency Debris Monitoring Services. Agenda Request b. Approval of Addendum No. 1 to the Agreement with Bamaco Disaster Recovery Inc. , to provide Emergency Debris Hauling Services. Agenda Request C. Approval of Addendum No. 1 to the Agreement with Crowder Gulf Joint Venture, Inc. , to provide Emergency Debris Hauling Services. Agenda Request -App3ce a of A' £3eTte the—A-Fr,,.,.,.,1 r rr} wimth By3ce 1 1 J 1 Beb u ,, c ' Agenda Request e. Authorization to remove the fixed assets from the property records in the Finance Department. Agenda Request Council Regular Meeting June 2, 2014 f. Authorization to enter into an Interlocal Agreement with the City of New Smyrna Beach for Accounting Technician Services to specifically handle the procurement process. Agenda Request g. Approval of the Traffic Signal Maintenance and compensation Agreement with the Florida Department of Transportation. Agenda Request h. Authorization for the Mayor to execute the Event License Agreements to utilize vacant property located at the corner of Lamont and North Ridgewood Avenue and property located at the Edgewater-New Smyrna Cemetery for parking during the July fireworks on July 4, 2014 . Agenda Request i. Approval of Addendum No. 4 to the Agreement with Environmental Services, Inc. , Zev Cohen & Associates, Inc. and Biological Consulting Services, Inc. for Environmental Consulting Services. Agenda Request Councilwoman Gigi Bennington moved to Approve the Consent Agenda with the exception of item 7d, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael L. Thomas 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2014-0-10 : Amending Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the Code of Ordinances . Agenda Request ' City Attorney Wolfe read Ordinance No. 2014-0-10 into the record. City Manager Barlow made a staff presentation, discussed an error in Council Regular Meeting June 2, 2014 Ordnance No.2014-0-10 that did not make one portion of Chapter 10 consistent, and requested the Council to include the amendment that was provided to them in the motion. Mayor Thomas opened the public hearing. Councilwoman Bennington asked if the City was going to check into getting a Special Magistrate (SM) , how long before the Council receives a report back on the status of hiring a SM, and if during the budget process they were going to allocate funds for hiring a SM. City Manager Barlow replied "yes" that the approval of the ordinance is part one, staff has checked with other communities and prepared draft hiring agreements, which is the next step in the process. He then asked Chief Cousins to address the hiring status. Chief Cousins discussed gathering information, updating all of Chapter 10, gathering job descriptions and postings, which is harder than one may think because cities have had Special Magistrates on board for a long time, but they have managed to gather the needed documents, and once the ordinance is passed they will work with Finance to get the advertisements out, which is months, not years away. City Manager Barlow stated that the funding would be allocated in the upcoming budget to have both a revenue and expense stream. Councilman Emter commented on Section 10, the nuisance legislation, in looking at the ordinance and the law that it refers to, and that the law has teeth. He provided examples such as multiple violations and the SM being able to shut a place down, the SM having eviction powers, and stated that the ordinance establishes rules that may be needed in the future. Councilwoman Bennington stated that due to State statutes the ordinance does not address health and safety issues relating to a hoarder, which Edgewater has a few of. Mayor Thomas closed the public hearing. Councilman Mike Ignasiak moved to Approve Ordinance No. 2014-0-10 with the amendment that was so read, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael L. Thomas b. Resolution No. 2014-R-13: Approving the Mid-Year Amended Budget for Fiscal Year 2013-2014 . Council Regular Meeting June 2, 2014 Agenda Request City Attorney Wolfe read Resolution No. 2014-R-13 into the record. Finance Director John McKinney made a staff presentation on the budget amendment. During the presentation the Council and staff discussed the bulk of the mid-year budget adjustments, funding areas that required amendments, such as the general fund, carrying revenue into next year' s budget, making sure expenditures are transparent, types of expenditures relating to the budget amendments, making sure future needs are covered as next year' s budget is being developed, adding $88, 000 dollars to the unrestricted fund (Charter Reserve) , savings made in employee salary due to retirements, the general fund budget is increasing by a total of $100, 200 dollars, projected increase of next year' s operating expenses, staff being frugal and micromanaging the budget so the millage rate remains reasonable, adjustments to enterprise fund expenditures, one change to the information technology fund, the total amendment amount of $1, 097, 154 dollars, with a total net decrease of unrestricted funds of $8, 722 dollars, most importantly is the general fund and the City' s ability to increase the unrestricted funds by $88,283 dollars for future use. City Council commended staff for doing such a good job managing the budget, for paying down debt and still being able to increase the reserve fund. Mayor Thomas opened and closed the public hearing. Councilwoman Christine Power moved to Approve Ordinance No. 2014-0-10, second by Councilman Mike Ignasiak. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael L. Thomas 9. BOARD APPOINTMENTS -None at this time 10 . OTHER BUSINESS a. Authorization for the Mayor to execute the renewal of the Volusia County Cooperation Agreement for Federal FY 2015, FY 2016 and FY 2017 CDGB and HOME Investment Partnership Program. Agenda Request '_' City Manager Barlow made a staff presentation. Council Regular Meeting June 2, 2014 Councilman Emter stated that by entering into the CDBG block grant agreement with the County the City is precluded from applying for block grants on its own and asked what the advantages were to entering into the agreement with the County as opposed to the City doing it themselves. City Manager Barlow replied that the County manages the entire CDBG grant program, auditing and everything associated with it. He discussed both options with staff and determined that the City does not have the resources to independently manage the CDBG grant program. Mayor Thomas opened and closed the public hearing. Councilwoman Gigi Bennington moved to Authorize the Mayor to execute the renewal of the Volusia County Cooperation Agreement for Federal FY 2015, FY 2016 and FY 2017 CDGB and HOME Investment Partnership Program, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael L. Thomas b. Authorization for the City Manager to issue a Purchase Order to Steelmaster Industries, Inc. , for the Design Build Covered Storage Area at the Wastewater Treatment Plan and authorization for the necessary budget amendment. Agenda Request City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. Councilman Gene Emter moved to Authorize the City Manager to issue a Purchase Order to Steelmaster Industries, Inc. , for the Design Build Covered Storage Area at the Wastewater Treatment Plan. , second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael L. Thomas C. Authorization for the City Manager to enter into an agreement with Lynch Oil Company, Inc. , for the Tank Wagon Fuel Services per the terms and conditions of Osceola County Bid AR-12-2326-DW dated January 9, 2012 . Council Regular Meeting June 2, 2014 Agenda Request City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. Councilman Mike Ignasiak moved to Authorize the City Manager to enter into an agreement with Lynch Oil Company, Inc. , for the Tank Wagon Fuel Services per the terms and conditions of Osceola County Bid AR- 12-2326-DW dated January 9, 2012, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael L. Thomas d. Approval of the final Change Order No. 3 for the Wastewater Treatment Plant Renewal and Replacement Project with Brandes Design-Build, Inc. Agenda Request '_' City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. Councilwoman Gigi Bennington moved to Approve the final Change Order No. 3 for the Wastewater Treatment Plant Renewal and Replacement Project with Brandes Design-Build, Inc, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael L. Thomas 11 . OFFICER REPORTS a. City Clerk City Clerk Wenzel reported that on Wednesday, June 4, 2014 at 10 :00 a.m. there is a ribbon cutting ceremony for Accent National Mortgage, the election qualifying period dates are from noon on June 16, 2014 through June 20, 2014, the preliminary Budget workshop is scheduled for June 23, 2014 at 2 :00 p.m. , on July 7, 2014 there is a Town Hall meeting at 5: 00 p.m. in lieu of the Council meeting, and the regular Y Council Regular Meeting June 2, 2014 Council meeting for July will be on the 23rd. The Council and staff discussed upcoming meetings for June and July, 2014, concurred that the regular Council meeting for July is scheduled for July 21, 2014, at which time they will set the tentative millage rate, concurred to move the meeting time for the July 21st Budget workshop to 4: 00 p.m. instead of 5:00 p.m. , and discussed Volusia County' s upcoming water meeting on June 26, 2014 at 09:OOa.m. . b. City Attorney City Attorney Wolfe reported that he had previously briefed the Council on a discrimination claim brought against the City by former Edgewater police officer Joanne Winston. The Florida Commission on Human Relations (FCHR) previously ruled in favor of the City, Ms. Winston then requested an Administrative Hearing, the hearing was conducted on May 21 and May 22, 2014, a copy of the transcript from the hearing was provided, the attorneys on each side have 10 days to submit proposed orders to the Administrative Law Judge (ALJ) , and after the ALJ receives the proposed orders he then has 20 days to issue a recommended order to the FCHR. C. City Manager City Manager Barlow reported that most recently Edgewater was presented with an opportunity to partner with additional coastal communities in Volusia County to have a consultant pursue two (2) grants as addressed by the "Blue Ways Master Plan" . For all cities and through the department of economic development and opportunity the consultant would apply for a grant that will fund putting together a study and a master plan for all of the river and access to the rivers addressing water front communities globally and each community individually. Some of the things that the master plan will talk about are boat ramps, ramp parking inventory analysis, public mooring and docking analysis, day docks, public transportation needs, environmental conditions that affect boat facilities, and many other factors. If the grant is awarded the City' s cost would be about $2, 600 dollars which is reimbursable by the grant itself. The Council and staff discussed uses for the study and master plan, the consultants previous work in Volusia County, and the study helping with the "Blue Water" community project. After discussion, the Council concurred to participate in the partnership for the Blue Ways Master Plan grant program. 12 . CITIZEN COMMENTS 13. ADJOURN 9& Council Regular Meeting June 2, 2014 T Mines submitted by: 41) Mitch Honaker . Deputy City Clerk Attest: APPROVED: City of Edgewater, Florida 1-101S16.,\)3DAID r's\N \i \411110 - Bon=nie Wenzel-•, City Clerk Micha-1 L. Thomas, Mayor 76+I h • • ® 11 Council Regular Meeting June 2, 2014 8a to 1 2I 'q right to cross-examine city witnesses. At the close of the presentation of the city's case against the alleged violator, the alleged violator shall be permitted to present his or her evidence, testimony of other witnesses and his or her own testimony in his or her defense. The city shall have the right to cross-examine the alleged violator and his or her witnesses. The city shall have the burden of proving the violation by a preponderance of the evidence. (e) At the conclusion of the hearing, the beard CEB or the special magistrate shall issue findings of fact based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order may include a notice that it must be complied with by a specified date, that a fine may be imposed for noncompliance, and the cost of repairs may be included along with the fine under the conditions specified in section 10-347 if the order is not complied with by the prescribed date. A certified copy of such order may be recorded in the public records of Volusia County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded and the order is complied with by the date specified in the order, the city shall record an order acknowledging compliance of the code violation and satisfaction of the fine. A hearing is not required for the issuance of such an order acknowledging compliance. (f) In addition to the provisions of subsection (e) of this section, in cases involving drug-related, prostitution related, or stolen-property-related public nuisances and criminal gang•activity - _ - —. __—2:.-_—_ _ _ - _ —_ ---_ _- • •- _ _ __—_ - = — - - _-, a the CEB or the special magistrate may declare the place or premises to be such a public nuisance, as defined in this article, and may enter an order requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance or may enter an order immediately prohibiting: (1) The maintaining of the nuisance:, (2) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or (3) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. (g)An order entered under this subsection (f) shall expire after one (1) year or at such g P Y earlier time as may be stated in the order. (h) An order entered under this subsection (f) may be enforced pursuant to the procedures contained in F.S. $ 120.69. This subsection shall not be construed as subjecting the city or special magistrate to any other provision of F.S. Ch. 120. Sec. 10-347. Administrative fines and liens. (a) Order imposing fine. The beafd CEB or the special magistrate, upon notification by a code enforcement compliance officer that a previous order of a beard CEB or the special magistrate has not been complied with by the prescribed time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this article for each day the violation continues past the date set by the board for compliance; or in the case of a repeat violation, for each day the repeat violation continues to exist, beginning with the date the repeat violation is found to have occurred by the code enforcement compliance officer. Further, if the violation is a violation described in subsection 10-344(f), the beard CEB or the special magistrate shall notify the city manager or city council, which may authorize and take make all reasonable remedial actions repairs that are required to bring the property into compliance, and the reasonable cost of those remedial actions repairs may be charged against the violator along with any fine imposed pursuant to this article. Taking Making such remedial actions repairs does not create a continuing obligation on the part of the city to make further 58 (Ordinances/Chapter 10)